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I am being asked to relinquish inheritance.

El Paso, TX |

My father passed away 18 years ago when I was 17 years old. After his passing, I never kept in touch with my fathers side of the family and they never kept in touch with me. Just yesterday, I received a phone call from a aunt from my father side informing me that my grandmother passed away. In her Will, she still had my father listed. My aunt explained that my grandmother always intended to remove my father from the Will but never got around to do so. My aunt asked if I can sign a letter they wrote up that states that I agree to give up any inheritance that I would receive on behalf of my father. I am not sure what to do.

Attorney Answers 3


  1. It sounds like must you have legal rights under that will. You do not seem to be under any duty to relinquish your rights. Do what is best for you. You should not sign any legal documents unless a lawyer acting on your behalf reviews them first.

    John Zgourides
    www.zgourides.com

    Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services. See http://zgourides.com for more information.


  2. I agree with John. I would suggest that you try to get them to send you a copy of the will. You really don't know what you are giving up until you have a copy of the will.


  3. You should not really be making any decisions until you know what the will says and you can get a good estimate on the amount and type of your inheritance. Plus, the Aunt, who is very interested in your decision, is telling you what the grandmother's intentions were, but who is to say? The grandmother may have wanted you to to take your father's portion and thus she purposefully never changed the will. Legally, the will is taken to be her intentions at the time of her death. Plus, even if the will was not valid, then you would probably still get an inheritance through intestacy. So, you should go see a probate attorney to assist you through this process so yo can make an informed decision.

    If this response was helpful, please mark it as helpful or as a best answer. The response provided herein is for informational purposes only and is not intended as legal advice, nor does it establish or intend to establish an attorney-client relationship. You should always speak with a licensed attorney regarding your legal rights before taking or not taking any particular action. In certain jurisdictions, this response may be considered an advertisement. In such circumstance, Kevin M. Koel is responsible for all content stated in the response. Kevin M. Koel is not certified by the Texas Board of Legal Specialization for any particular practice area, nor does Kevin M. Koel claim specialized knowledge in any practice area.

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